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2. On this as in any other occasion to afford to a man compensation
for damage, is to put him into the same plight, in so far as may be
physically possible, as he would have been in had no such damage
been sustained.
3. This is simple compensation: liberal compensation, if it
means any thing, must mean something more; it may mean
ever so much more.
4 On this, as on any other occasion, compensation may be
distinguished into internal and external: internal is that which
is felt; external is that which is received: internal the effect
external the cause.
5 In so far as a man has received internal compensation,
the remainder of his life, reckoning from the day of the receipt
of the external compensation to the day of his death, has contained
as great a ballance on the side of comfort, as, had it not been for
the damage in question, that same portion, with the addition of
the antecedent portion, intervening between the receipt of the damage
and the receipt of the compensation, would have contained.
6 So far as concerns internal compensation, in the present
instance, any, the most distant, approach to it is but too plainly
impossible. Even supposing sensibility to remain unimpaired to
the end of life, it would require a condensing power, such as
has not yet been invented, to force, into a portion of life commencing
at the age of 65, a quantity of comfort, equal to that which
but for the damage would have been contained in a portion
of the same commencing at 45.
7 That which it remains in the power of human hands
to administer, is external compensation , as above described.
8. The shape to which the maze of external compensation
provided by the laws in question is, as it could not but be, confined,
is the pecuniary shape alone: the compensation administered
is to be administered by a sum of money: of money, given, at the
expense of the public, to the individual by whom the damage
has been sustained.
9. In the conduct of all human affairs, & especially
in the conduct of public affairs - a distinction which on many
occasions required to be made is - the distinction between what
is physically, & what is prudentially practicable.
10. in the present instance, as far as concerns pecuniary damage
to administer in a pecuniary shape not only simple compensation,
but in the terms of the Act "liberal compensation" and that to
any amount over & above simple compensation , would, physically
speaking, not be impracticable.
11. But, in comparison of that quantity, which, if administered
would not upon a fair estimate, such as the nature of
the case admits of, be regarded (it is supposed) as outstretching
the limit of simple compensation - of which quantity the administering
would assuredly not be physically speaking impracticable
the greatest quantity the grant of which seems at all likely to be considered
as prudentially practicable, will, it is supposed, be found
small indeed.
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Identifier: | JB/122/488/002 "JB/" can not be assigned to a declared number type with value 122.
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122 |
Panopticon |
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488 |
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002 |
[[titles::Statement / presented by / Jeremy Bentham Esqr / […] / for the purpose of serving as a / Claim for Compensation […]]] |
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Copy/fair copy sheet |
2 |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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F1 / F2 |
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JOHN DICKINSON & Co 1809 |
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A. Levy |
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1809 |
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002 |
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